A truck accident claim is not a bigger car accident claim. It runs against companies rather than individuals, under federal regulations rather than only state law, and against insurance layers that start at a level no personal auto policy approaches. The company’s investigators are often at the scene the same day.
This page explains why these cases are structurally different, what insurance is required to be in place, the evidence fight that decides them, and the deadlines that apply. Our California personal injury attorneys handle truck claims from our San Mateo office. For a free consultation, call 650-250-0705.
Why Are Truck Accident Claims Different?
Three reasons. Federal safety regulations govern interstate carriers, so whether the rules were followed is often the central question. Several companies may share responsibility — the driver, the motor carrier, the trailer owner, maintenance contractors, and cargo loaders — each with its own insurer. And federal law requires far higher minimum coverage: under 49 CFR § 387.9, a for-hire carrier hauling non-hazardous property interstate must maintain at least $750,000 in public liability coverage, against California’s $30,000 per-person minimum for a passenger vehicle.
Key Takeaways
- Federal minimum coverage for an interstate freight carrier starts at $750,000 and rises to $5,000,000 for certain hazardous cargo.
- A motor carrier’s proof of financial responsibility is public information and must be produced on reasonable request.
- The records that decide these cases sit with the trucking company and can be lawfully destroyed in the ordinary course of business.
- Most California injury lawsuits must be filed within two years, with a much shorter timeline where a public entity is involved.
- Being partly at fault reduces a California recovery rather than barring it.
The Insurance Is on a Different Scale
This is the part most people do not know, and it changes how a claim should be approached from the first week.
Under 49 CFR § 387.9, the Federal Motor Carrier Safety Administration prescribes minimum levels of public liability coverage that a motor carrier must have in effect before operating:
| Type of carriage | Cargo | Minimum coverage |
|---|---|---|
| For-hire, interstate or foreign commerce, GVWR of 10,001 lbs or more | Property, non-hazardous | $750,000 |
| For-hire and private, GVWR of 10,001 lbs or more | Oil and hazardous materials not in the categories below | $1,000,000 |
| For-hire and private, GVWR of 10,001 lbs or more | Specified bulk hazardous substances and materials | $5,000,000 |
| For-hire and private, GVWR under 10,001 lbs | Specified bulk hazardous materials | $5,000,000 |
For comparison, California’s minimum liability requirement for a passenger vehicle is $30,000 for injury to one person, as set out on our car accident page. The gap is the reason a serious truck case is worth investigating properly rather than settling against a number the adjuster suggests early.
Two practical points follow. Carriers frequently carry more than the minimum, and excess or umbrella layers sit above the primary policy — identifying them is part of the work. And under § 387.7, proof of the required financial responsibility is public information that must be produced for review on reasonable request. You are not dependent on the carrier volunteering what coverage exists.
The regulations also require 35 days’ written notice before an insurer or carrier can cancel the required coverage, which matters when a crash occurs near a policy transition.
Federal Regulation Sets the Standard of Care
Interstate motor carriers and their drivers operate under the Federal Motor Carrier Safety Administration’s rules, covering hours of service, driver qualification, drug and alcohol testing, vehicle inspection and maintenance, and cargo securement. Whether those rules were followed is frequently the heart of a case.
A regulatory violation does not by itself decide liability. What it can do is help establish that a party failed to use reasonable care — which is one of the elements an injured person generally must prove.
Who May Be Responsible
Depending on what the evidence shows, responsibility may involve the driver, the motor carrier that employed them, the owner of the tractor or trailer, maintenance and repair contractors, shippers and cargo loaders, another motorist, a component manufacturer, or a public entity responsible for the roadway.
A carrier can face responsibility on two separate tracks: vicariously, for the conduct of an employee acting within the scope of employment, and directly, for its own hiring, training, scheduling, and maintenance decisions. Our page on who is liable in a truck accident works through each party, the theories that attach to them, and the evidence that establishes each.
The Evidence Fight
Most of the proof in a truck case begins in the trucking company’s possession: electronic logging device and engine data, driver duty status records and the qualification file, inspection and maintenance history, dispatch communications, and any camera footage.
Carriers are not required to keep these records indefinitely, and some may be disposed of in the ordinary course of business well before a lawsuit is filed. A formal preservation demand, sent early, puts the company on notice not to destroy material relevant to the crash. Alongside that, the physical evidence matters — the vehicles themselves, any failed component, and the scene before it is repaired or repaved.
This is also why the practical deadline for starting an investigation is far earlier than the legal deadline for filing.
Deadlines
| Situation | General rule | Source |
|---|---|---|
| Most injury claims against a private party, including motor carriers | Two years from the date of injury | Code Civ. Proc., § 335.1 |
| Claims involving a public entity | A written claim generally must be presented to the entity before any lawsuit, on a much shorter timeline | California’s Government Claims Act |
Shared Fault and Damages
California follows a pure comparative fault approach: someone found partly responsible is not barred from recovering, and the recovery is reduced by that share. In truck cases this cuts in more than one direction, because a carrier facing co-defendants often has an interest in shifting responsibility toward the other companies as much as toward the injured person.
There is no preset value for a truck accident claim, and no attorney can promise a figure. The categories California recognizes include past and future medical expenses, lost income and reduced future earning capacity, property damage, pain and suffering and loss of enjoyment of life, and loss of consortium in claims brought by a spouse.
Truck collisions can produce catastrophic outcomes, including traumatic brain injuries. Where a crash is fatal, certain surviving family members may be able to bring a wrongful death claim, which follows its own rules about who may sue.
Truck Claims in San Mateo and on the Peninsula
Our office at 15 North Ellsworth Avenue, Suite 105, San Mateo, CA 94401 serves people injured across the Peninsula. Freight moves through this corridor on US-101 and I-280, with airport and port-related traffic, distribution and delivery routes serving the length of El Camino Real, and construction vehicles working sites throughout the county.
That mix matters because it changes which rules apply. A long-haul interstate carrier is squarely within the federal regulations and the § 387.9 minimums. A local delivery vehicle under 10,001 pounds may fall outside parts of that framework entirely. Establishing which category a vehicle occupied is an early question with consequences for both coverage and the applicable standards.
Civil matters for this area are generally heard in the San Mateo County Superior Court. Where a city, the county, or a state agency may share responsibility for a roadway condition, the Government Claims Act timeline applies. Details about the office are on our San Mateo page, and related explanations are collected in our California personal injury guides.
How Our California Truck Accident Attorneys Can Help
Vaksman Khalfin, PC can send preservation demands before records are lawfully disposed of, obtain the driver qualification file and maintenance history, establish the carrier’s operating authority and the full insurance picture including excess layers, work with reconstruction and trucking-safety experts where a case calls for them, and handle the carriers’ insurers directly. If a fair resolution is not offered, we are prepared to litigate.
The firm’s personal injury practice is led by Alan D. Khalfin and Robert B. Vaksman. We handle truck accident cases on a contingency-fee basis: there is no upfront cost, and attorney’s fees are owed only if we recover compensation for you. To talk with a California truck accident attorney, call 650-250-0705 or schedule a free consultation.
This page provides general information about California and federal law and is not legal advice; reading it does not create an attorney-client relationship. Every case is different, and prior results do not guarantee a similar outcome.
Reviewed by Alan D. Khalfin, Partner and Managing Attorney, Vaksman Khalfin, PC (admitted in California). Last reviewed: 08/13/2026
California Truck Accident Frequently Asked Questions
Under 49 CFR § 387.9, a for-hire carrier transporting non-hazardous property in interstate commerce with a vehicle rated at 10,001 pounds or more must maintain at least $750,000 in public liability coverage. Carriers hauling certain oil and hazardous materials must carry $1,000,000, and those hauling specified bulk hazardous substances must carry $5,000,000. Many carriers hold more than the minimum, with excess layers above the primary policy.
Under 49 CFR § 387.7, proof of the required minimum financial responsibility is public information and must be produced for review on reasonable request. Establishing the full picture, including any excess or umbrella coverage above the federal minimum, usually takes more than that first step.
Federal safety regulations set standards that do not apply to ordinary drivers, several companies may share responsibility rather than one individual, the key evidence is held by the carrier rather than the parties, and the required insurance starts far higher than a personal auto policy. Each of those changes how the claim is investigated.
Potentially the driver, the motor carrier, the tractor or trailer owner, a maintenance contractor, a shipper or cargo loader, another motorist, a component manufacturer, or a public entity responsible for the roadway. It depends on what the evidence shows about why the crash happened.
Generally two years from the date of injury under Code of Civil Procedure section 335.1. A much shorter deadline applies where a public entity may share responsibility. The practical deadline for beginning an investigation is far earlier, because carrier records can be disposed of in the ordinary course of business.
Electronic logging device and engine data, driver duty status records and the qualification file, inspection and maintenance history, dispatch communications, and camera footage. A formal preservation demand early in the case helps keep those records from being destroyed.
The federal financial responsibility rules in this subpart generally do not apply to vehicles rated under 10,001 pounds, subject to hazardous materials exceptions. That can change both the applicable standards and the available coverage, which is why identifying the vehicle and the carrier's operating authority early matters.
California uses pure comparative fault. Being partly responsible reduces a recovery by that share of fault rather than barring the claim.
Vaksman Khalfin, PC handles truck accident cases on a contingency-fee basis: there is no upfront cost, and attorney's fees are owed only if we recover compensation for you. Initial consultations are free.
